LFC Comments: The Association representing all of the Ohio Clerk of Courts filed an Amicus Curiae brief regarding the Lake County case: Andrews vs the Lake County Common Pleas Courts.
Amicus Curiae literally translated from Latin is “friend of the court.” Plural is “amici curiae.”
Generally, it is referencing a person or group who is not a party to an action, but has a strong interest in the matter. This person or group will petition the court for permission to submit a brief in the action intending to influence the court’s decision. Such briefs are called “amicus briefs.”
The citizens vote for the County’s Clerk of Courts and that position serves as a check and balance against the judges in each County. If the Lake County prevail in this case, we may see the end of citizens voting for Clerk of Courts. That position will report to the judges and be just clerical in nature.
Here are the two arguments made by the Clerks’ Association:
l. THE JUDGES OF A COMMON PLEAS COURT LACK THE
JURISDICTION AND AUTHORITY TO ISSUE ORDERS THAT
PREVENT OR INTERFERE WITH THE CLERK’S ABILITY TO
CARRY OUT THE OFFICIAL DUTIES THAT MUST BE
PERFORMED BY THE CLERK OF COURTS UNDER THE OHIO
II. THE JUDGES OF THE COMMON PLEAS COURT LACK THE
JURISDICTION AND AUTHORITY TO PREVENT THE CLERK
FROM CARRYING OUT HER STATUTORY DUTY TO CONTROL
AND SUPERVISE THE OPERATIONS OF THE CLERK’S OFFICE ..
The following is the entire brief filed by the Association with the Supreme Court of Ohio.
Categories: LC Clerk of Courts